Stopped by garda not sure what next

sciencey

Hi
Today i was stooped by gardai. A car pulled in to hard shoulder and i when round him doing the speed limit he had been doing 30km under . Garda was in lane way and just saw me going around a car. Pulled me in a little way asked for licence. Looked around the car asked why I overtook I said he'd pulled in he said "oh OK fair enough". To watch it as it had Looked like I was flying and then the two of them went off. Am I getting a ticket or was it just a warning or what? No information like address or anything was asked he looked at license quick and handed back.

me_irl

I'm sure they were just looking for someone in particular and that's why they stopped you. I'd say you're grand.

goldenhoarde

sciencey wrote: »

Hi
Today i was stooped by gardai. A car pulled in to hard shoulder and i when round him doing the speed limit he had been doing 30km under . Garda was in lane way and just saw me going around a car. Pulled me in a little way asked for licence. Looked around the car asked why I overtook I said he'd pulled in he said "oh OK fair enough". To watch it as it had Looked like I was flying and then the two of them went off. Am I getting a ticket or was it just a warning or what? No information like address or anything was asked he looked at license quick and handed back.

if your post is accurate then I would say No. But your address is on the license and he also could have noted the reg and remembered the address and wrote it down later. All in all it appears they were happy to let you on your way so there should be nothing further.

biko

Yeah, let it go

robbie99

Did you overtake where there was a continuous line by any chance?

neris

robbie99 wrote: »

Did you overtake where there was a continuous line by any chance?

You can overtake on a continuos white line. A stationary object or slow moving vehicle/cyclust if its safe to do so

mgbgt1978

If they are going to prosecute you for anything they will usually ask if the address on your licence is your current address.

GM228

neris wrote: »

You can overtake on a continuos white line. A stationary object or slow moving vehicle/cyclust if its safe to do so

Actually no you can't!

You can only cross a white line in an emergency/to clear an obstruction (slow traffic/cyclists are not obstructions), if instructed to do so by the Gardaí or for the purpose of entering or leaving land or premises adjoining the right hand side of that roadway or where due to the width or length or both of the vehicle in relation to the road lane width, and where the vehicle is not engaged in an overtaking manoeuvre, it is necessary to straddle or marginally cross the line.

CiniO

sciencey wrote: »

Hi
Today i was stooped by gardai. A car pulled in to hard shoulder and i when round him doing the speed limit he had been doing 30km under . Garda was in lane way and just saw me going around a car. Pulled me in a little way asked for licence. Looked around the car asked why I overtook I said he'd pulled in he said "oh OK fair enough". To watch it as it had Looked like I was flying and then the two of them went off. Am I getting a ticket or was it just a warning or what? No information like address or anything was asked he looked at license quick and handed back.

What would you get the ticket for?
As far as I know, overtaking is not illegal.

CiniO

neris wrote: »

You can overtake on a continuos white line. A stationary object or slow moving vehicle/cyclust if its safe to do so

You can overtake anything you wish on a continuous white line, but only provided you don't cross it.
GM228 provided a list of cases, when you can actually cross it.

sciencey

robbie99 wrote: »

Did you overtake where there was a continuous line by any chance?

Nope was broken line

sciencey

CiniO wrote: »

What would you get the ticket for?
As far as I know, overtaking is not illegal.

That's why I got a fright when he pulled me. He drove out of the lane way to follow me as he was parked there. He just told me it looked like i was flying but I hadn't gone over the limit and he never mention an actual speed . that's why I so confused he left so quick after too I didn't know what happened 😮 first time ever pulled over

ironclaw

sciencey wrote: »

That's why I got a fright when he pulled me. He drove out of the lane way to follow me as he was parked there. He just told me it looked like i was flying but I hadn't gone over the limit and he never mention an actual speed . that's why I so confused he left so quick after too I didn't know what happened 😮 first time ever pulled over

Used get this a lot in Dublin. I don't drink so I'd always be the designated driver. A car full of 4 other lads fully stocked usually drew attention. Often they'd say I was speeding or ran a red light, but it was generally just to take a look at the car and myself.

Never be afraid to ask if you should be expecting something in the post. They are obliged to tell you.

CiniO

ironclaw wrote: »

Used get this a lot in Dublin. I don't drink so I'd always be the designated driver. A car full of 4 other lads fully stocked usually drew attention. Often they'd say I was speeding or ran a red light, but it was generally just to take a look at the car and myself.

Never be afraid to ask if you should be expecting something in the post. They are obliged to tell you.

Are they actually?

I always found it bizzare that people after being pulled over weren't told if they were to get fined or not.
But even if there is obligation on garda to tell if he is going to fine you or not after being asked, that's better than nothing.

meathstevie

CiniO wrote: »

Are they actually?

I always found it bizzare that people after being pulled over weren't told if they were to get fined or not.
But even if there is obligation on garda to tell if he is going to fine you or not after being asked, that's better than nothing.

If a Garda wants to formally speak to you about a suspected offence he/she has to tell you that much. As in caution you. A fine is basically a Garda cutting you the following deal; right pal, I'm sure that what you done is an offence I can take you to court for but if you accept a fine and points it's the end of it. If it goes in front of the judge it's probably going to be worse...

ironclaw

meathstevie wrote: »

If a Garda wants to formally speak to you about a suspected offence he/she has to tell you that much. As in caution you. A fine is basically a Garda cutting you the following deal; right pal, I'm sure that what you done is an offence I can take you to court for but if you accept a fine and points it's the end of it. If it goes in front of the judge it's probably going to be worse...

But there's the thing, if you are being fined, then it must be under an Act. So you are entitled to know what Act is being invoked to fine you. Either way, they have to tell you. Not a legal opinion, but if you asked a Garda and had evidence they said you had no fine coming (i.e. You had , in their opinion, not comitted an offence) and then subsequently received one, you're probably in good standing in front of a judge.

CiniO

ironclaw wrote: »

But there's the thing, if you are being fined, then it must be under an Act. So you are entitled to know what Act is being invoked to fine you. Either way, they have to tell you. Not a legal opinion, but if you asked a Garda and had evidence they said you had no fine coming (i.e. You had , in their opinion, not comitted an offence) and then subsequently received one, you're probably in good standing in front of a judge.

Probably yes.

But what if you ask if you're going to get fined, and gard just says "you'll see"...

milehip

OP if he didnt take out a duplicate book and start writing you're in the clear. As other people posted and from personal experience they've no obligation to tell
you If you're being done,
so if the pen comes out-Ask!

Ded_Zebra

GM228 wrote: »

Actually no you can't!

You can only cross a white line in an emergency/to clear an obstruction (slow traffic/cyclists are not obstructions), if instructed to do so by the Gardaí or for the purpose of entering or leaving land or premises adjoining the right hand side of that roadway or where due to the width or length or both of the vehicle in relation to the road lane width, and where the vehicle is not engaged in an overtaking manoeuvre, it is necessary to straddle or marginally cross the line.

In my mind everything going slower than me counts as an obstruction!

blade1

Always ask the guard why exactly did he pull you over.
Never answer him/her when they come out with 'do you know what you did back there?' or 'do you know what speed you were doing?.

No need to get ratty or anything, just tell him to tell you the reason.